Where’s the Video?
Depending on the case, very little matches the power of video evidence. And, woe to anyone responsible for misplaced, destroyed, and inaccessible videos, for which discovery violations are possible. But what about video evidence that was never in the possession of law enforcement or the prosecution?
As Charles Golaszewski writes in this May Illinois Bar Journal article, “Where’s the Video?” … “missing videos not provided by civilians are treated similarly in this context to law enforcement videos that never existed. Nevertheless, defense attorneys are equipped with … tools to weaken the prosecution’s case in these circumstances, and both parties must be prepared to anticipate and rebut the arguments and strategies employed by the other.”
Read on for Golaszewski’s tips for when you find yourself in such a situation.